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Using Third party content for UNE Units   Tags: copyright, education, staff  

Copyright and licensing considerations
Last Updated: Dec 12, 2016 URL: http://une.au.libguides.com/copyrightuneunits Print Guide RSS Updates

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Using Images under Part VB

Part VB of the Australian Copyright Act allows you to copy and/or communicate a certain amount of print and graphical works without having to seek permission from the copyright holder.

By observing a few procedural and compliance considerations, an image from print or online may be used in lecture notes, PowerPoint presentations, on Moodle, or sent to students via email.

UNE pays an annual licence fee to the Copyright Agency Ltd, which is used to compensate the copyright holders for the use of their work.

Importantly:

  • the use must be for educational purposes
  • the image must be properly referenced
  • the Part VB copyright warning notice needs to appear before or at the same time as the image
  • images from a print source require an additional check.  (See box below for additional information)

 

Part VB Images from print require an extra check

An image that is copied as part of a book chapter, conference paper or journal article, may be copied along with the approved quantity of text. See appropriate section at one of the above tabs (for example, print journal, book, edited work).

If you require an image from a print source for use as a separate work in its own right, then it needs to be checked for its commercial availability.

A commercial availability check involves you checking with the copyright owner and/or publisher and/or other reasonable means such as Amazon.com, to establish if the image can be separately purchased. For example a cartoon in a newspaper can often be purchased through the newspaper.

If the separate print image can be obtained separately at a reasonable commercial price, then students should be asked to purchase a copy if it is required for their study purposes.

For more infornation see the Image from a published (print) book or journal or newspaper section at this link.)

Note: Some artists maintain their own website, which may have additional information about purchasing/using their artwork.  This can be helpful if you want to find out about the commercial availability of a print work, but it does not prevent you from using the same or similar digital artwork from online under Part VB conditions, if one is available. 

 

Important

This warning notice needs to appear before or with any image you copy reliant on the Part VB Educational Licence.

Commonwealth of Australia 
Copyright Act 1968 
Notice for paragraph 135ZXA (a) of the Copyright Act 1968 
Warning 

This material has been reproduced and communicated to you by or on behalf of the University of New England under Part VB of the Copyright Act 1968 (the Act). 

The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by 
you may be the subject of copyright protection under the Act. 

Do not remove this notice.

As the notice is the main page for each UNE unit in Moodle, it will cover images used under Part VB in the unit if they are educational and they are fully referenced.  The notice should be included on a slide at the start of powerpoint presentations where images and other content reliant on Part VB are used. 

The notice is not required forCreative Commons images, which have different marking requirements.

Examples for UNE units

Here's an example of an image from a print source with warning notice:

Commonwealth of Australia 
Copyright Act 1968 
Notice for paragraph 135ZXA (a) of the Copyright Act 1968 
Warning 

This material has been reproduced and communicated to you by or on behalf of the University of New England under Part VB of the Copyright Act 1968 (the Act). 

The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by 
you may be the subject of copyright protection under the Act. 

Do not remove this notice.

camera

(Your educational, not commercially available image, from a print source goes here. Note, for copyright reasons, an actual example can not be used in this public example.)

Full reference here using the referencing style for your discipline.

 

Images from an electronic source

Any image that's freely available from the Internet can be used in your Moodle unit if all of the following apply:

  • The image is required for educational purposes, not simply to enhance the look of the page (creative commons images are best for that! or you could use stock images)
  • The image is fully referenced (this includes a date downloaded and URL).
  • The Part VB Warning notice is viewed before or with the image.

 

Stock Photos

Stockphotos can be purchased, downloaded and used in UNE units at little or no cost.

There are many stock photo services.  Dreamstime is used at UNE, as is Shutterstock.

In order to distinguish these images from others, it is recommended that each stock image is noted as such.  

young plant

Photocredit  Shutterstock stock photos

Alternatively, include a thumbnail of the image in the admin and credits part of your unit.

 

Other stock photo sites

everystockphoto

Everystockphoto.com is a license-specific photo search engine which presents freely licensed photos from various sources in an integrated search.

 

Stock Images - a warning

You should always check a photo's license before using it.

You must be careful to comply with any conditions or costs associated with its use.

 

Royalty free images

Some sites, including Corbisimages provide a service that allows you to purchase a disk of images that you are free to use on an onging basis.  These disks are themed (eg health) so you can use them throughout your site to provide some unity of style.

 

Film Stills

Stills from films can be used under the terms of the Part VB licence as artistic works.  This includes (i) films stills that are freely available on the web and (ii)  film stills from print (eg a book) if they are not available for separate purchase (usually they are not).

 Some extra compliance:

  • Provide a reference for the source, including name of film, producer, year, URL and date downloaded
  • Stills must be for educational purposes only
  • Stills must be accessible only to UNE students and staff (for example password access in Moodle)
  • The Part VB warning notice must be viewed by students before the stills (eg first slide of a powerpoint presentation)

NOTE: if film stills are not available for what you need, please consult with the Copyright Office before creating film stills yourself from a film, as there will be additional copyright considerations and checks.

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